(Issued on September 1, 2017 in accordance with Decree No. 150 of the People's Government of Guangzhou Municipality and put into effect on September 1, 2017)

　　Chapter I    General Provisions

　　Article 1     These Rules are formulated in accordance with the Regulations of China (Guangdong) Pilot Free Trade Zone, the Regulations of Nansha New District of Guangzhou and other relevant regulations, with a view to establishing Guangzhou Nansha New District Industrial Park Development and Construction Authority (hereinafter referred to as “the Industrial Park Authority”) and promoting the development and construction of Nansha New District Industrial Park.

　　Article 2     The Industrial Park Authority is a legal authority that is established according to these Rules as a legal person. It shall perform its duties within the area for performance of duties according to these Rules, and assume legal liabilities independently.

　　The Industrial Park Authority is subject to the leadership of the Management Committee of Guangzhou Nansha Economic and Technological Development Zone, the Management Committee of Guangzhou Nansha New District Division of China (Guangdong) Pilot Free Trade Zone and the Management Committee of Guangzhou Nansha Free Trade Zone (hereinafter referred to as “the Management Committees”) and the People’s Government of Nansha District.

　　Article 3     The Industrial Park Authority shall, on the basis of piloting for reform and innovation, establish a sound mechanism with clear responsibilities, scientific decision-making and efficient operation, build a modern industrial system with producer services playing the leading role, and create a favorable environment for economic development.

　　Article 4     The Industrial Park Authority may innovate in the systematic mechanism for management in terms of development and construction, investment invitation, operation and management, and industrial development and other aspects in the light of actual conditions to assist relevant departments under the People’s Government of Nansha District in promoting the innovation of social governance systematic mechanisms within their respective jurisdictions.

　　Article 5     Relevant sectors of the municipal people’s government or of the People’s Government of Nansha District shall provide support for the Industrial Park Authority ex officio.

　　Where some items with respect to administrative management and/or economic administration delegated by relevant departments at or above the provincial level need to be implemented within the jurisdiction of the Industrial Park Authority, the Management Committees and the People’s Government of Nansha District shall legally organize such implementation according to relevant regulations on the delegation of authority.

　　Chapter II  Functions and Duties

　　Article 6     The jurisdiction of the Industrial Park Authority covers the Seaport Block, the Nansha Hub Block, the Qingsheng Hub Block, the Nanshawan Block, the Jiaomen River Central District Block and the Wanqingsha Bonded Port Processing and Manufacturing Block (hereinafter referred to as “the Industrial Park”) in the Guangzhou Nansha New District Division of China (Guangdong) Pilot Free Trade Zone. Any and all significant adjustments to such jurisdiction, if necessary, shall be disclosed to the public after being submitted to and approved by the municipal people’s government.

　　Article 7     The Industrial Park Authority shall perform the following duties in terms of planning, land management, development and construction within its jurisdiction:

　　(1) Preparing urban-rural plans together with the land resources and planning authority according to national, provincial and/or municipal relevant planning requirements, and implementing such plans after having requested and obtained approval;

　　(2) Working out land supply plans and land use plans, land transfer conditions and annual land transfer plans, and organizing the application for land use approval and the implementation after approval, the land supply and the post-supply supervision and administration; and

　　(3) Being responsible for development and construction, developing construction and investment plans, undertaking estimation, budgeting and settlement of investments into the construction of public facilities, and organizing the construction of public facilities.

　　Article 8     The Industrial Park Authority shall perform the following duties in terms of industrial development within its jurisdiction:

　　(1) Being responsible for the industrial chain design, the industrial cluster promotion and the research associated therewith, preparing industrial development plans, and organizing the implementation of such plans;

　　(2) Studying industrial development policies, proposing policy suggestions on industrial structure adjustment, integrated development of industry and other sections, and innovation in management, and participating in the drafting of relevant policies; and

　　(3) Being responsible for working out the catalogues for guiding industrial development, the entry conditions and the support policies and measures, and organizing the implementation thereof.

　　Article 9     The Industrial Park Authority shall be responsible for inviting and attracting investment, promoting economic cooperation and industrial introduction, and guiding the development of key industries within its jurisdiction.

　　Article 10   The Industrial Park Authority shall perform the following duties within its jurisdiction:

　　(1) Providing agency services for enterprises with respect to such affairs as project initiation, land use approval, planning and site selection, environmental impact assessment, and construction permission;

　　(2) Providing guidance for enterprises’ preparatory work, assisting relevant sectors of the municipal people’s government, the People’s Government of Nansha District and the government sectors thereof in obtaining project approval, and promoting project construction;

　　(3) Building a public service system, constructing a public service platform for the industrial park, and providing enterprises with international-level public services in line with the corresponding block’s characteristics; and

　　(4) Assisting relevant sectors of the municipal people’s government or of the People’s Government of Nansha District as well as local towns and sub-districts in performing their respective functions and duties according to law.

　　Article 11   The Industrial Park Authority may innovate in the modes of development and operation, promote land development based on industry-city integration, and build up a mechanism for linked development of Guangzhou, Hong Kong and Macao within its jurisdiction.

　　The Industrial Park Authority may establish enterprises according to law to engage in such businesses as land development, infrastructure construction, public service facility operation and project investment. The Industrial Park Authority shall perform its obligations as an investor, and the proceeds therefrom shall be used for the development and construction of the industrial park and other purposes approved by the Management Committees.

　　Article 12   The Industrial Park Authority shall make use of the social capital and the market mechanism, and build a multi-level investment and financing system to raise funds for development and construction.

　　Article 13   The Industrial Park Authority’s projects using fiscal funds shall follow government procurement procedures according to law. For construction projects of the Industrial Park Authority that conform to the conditions for tendering shall be included in the unified bidding platform for tendering.

　　Article 14   The Industrial Park Authority shall be responsible for foreign cooperation and exchange within its jurisdiction, and actively cooperate with public service agencies of other countries and regions as well as Hong Kong, Macao and Taiwan for the purposes of development and construction.

　　Article 15   The Industrial Park Authority shall work out a responsibility list according to these Rules, and disclose it to the public after it is submitted to and approved by Management Committees. The responsibility list shall be subject to dynamic adjustment.

　　Where any duties other than those specified herein really need to be performed by the Industrial Park Authority, Management Committees shall report it to the municipal people’s government for approval according to relevant procedures.

　　Chapter III      Governance

　　Article 16   The Industrial Park Authority shall set up a decision-making committee, which shall exercise the power of decision-making and the supervisory power with respect to major matters of the Industrial Park Authority.

　　The decision-making committee shall be composed of an odd number of members and the number of members shall not exceed 9.

　　The decision-making committee shall have one (1) chairman served by a leader of the Management Committees. Other members of the decision-making committee may be served by the major principals of relevant sectors of the People’s Government of Nansha District, the director of the Industrial Park Authority, and non-State staff who have good moral characters and influence in relevant industries or fields, and other outside members. Members of the decision-making committee shall be determined by the People’s Government of Nansha District.

　　The decision-making committee may set up such special subordinate committees as committees of development planning, financial management, human resources and remunerations, and supervision and audit, which shall provide professional opinions and suggestions for the decision-making committee.

　　Article 17   The decision-making committee has the power to decide on the following matters:

　　(1) Formulating and modifying the charter of the Industrial Park Authority;

　　(2) Working out the development strategies and plans for the jurisdiction of Industrial Park Authority;

　　(3) Working out the annual work plans and major event plans for the Industrial Park Authority;

　　(4) Nominating candidate for the director of the Industrial Park Authority;

　　(5) Reviewing the financial budget drafts and the report drafts on final accounts of the Industrial Park Authority;

　　(6) Reviewing the quota of salaried staff, the number of senior executives, the total amount of remuneration, the personal remuneration standards, the annuity standards, and the post setting plan, and submitting them to Management Committees for approval;

　　(7) Deciding on the recruitment plans, pay distribution plans and performance appraisal plans of the Industrial Park Authority;

　　(8) Formulating and modifying the important internal management rules and regulations of the Industrial Park Authority;

　　(9) Reviewing the annual work reports and special work reports of the Industrial Park Authority, and submitting them to Management Committees;

　　(10)      Supervising the implementation of its decisions by the management; and

　　(11)      Other major matters to be decided on, deliberated or supervised by the decision-making committee.

　　Article 18   The decision-making committee shall make decisions on a collective basis and in the form of meeting.

　　Meetings of the decision-making committee shall be convened and presided over by the chairman of the committee at least once every half a year. Upon the requisition of the chairman or more than one-third of members of the committee, a meeting of the committee may be convened.

　　A meeting of the decision-making committee may be held only when more than two-thirds of its members attend the meeting. Meetings of the decision-making committee practice the voting system. No decision may be adopted by the decision-making committee without the consent of more than half of its members. At the time of voting, the chairman shall have equal right as other members of the decision-making committee.

　　Where any member of the decision-making committee has an interest in any agenda item discussed at a meeting of the decision-making committee, the member shall withdraw.

　　Article 19   The Industrial Park Authority practices a director responsibility system, with the director of the Industrial Park Authority acting as the legal representative of the Industrial Park Authority.

　　The Industrial Park Authority shall have one (1) director, who shall be nominated by the decision-making committee and appointed by Management Committees. The term of office for the director shall not exceed five (5) years. The director may be appointed for two (2) terms at most.

　　The deputy director(s) of the Industrial Park Authority shall be nominated by the director and appointed by Management Committees. The term of office for the deputy director(s) shall not exceed five (5) years. The deputy director(s) may be re-appointed. The director and the deputy director(s) shall jointly form the management of the Industrial Park Authority.

　　The Industrial Park Authority may engage economists, engineers, accountants and legal advisors, if needed for work, to assist the director in dealing with specialized affairs. Such economists, engineers, accountants and legal advisors shall be engaged by the Industrial Park Authority.

　　Article 20   The management of the Industrial Park Authority shall execute the decisions made by the decision-making committee, and shall be responsible for the management of various affairs of the Industrial Park Authority. The detailed duties of the management shall be as follows:

　　(1) Working out and organizing implementation of the charter of the Industrial Park Authority;

　　(2) Working out and organizing implementation of the development strategies and plans for the jurisdiction of the Industrial Park Authority;

　　(3) Working out and organizing implementation of the annual work plans and major event plans for the Industrial Park Authority;

　　(4) Preparing the financial budget drafts and the report drafts on final accounts of the Industrial Park Authority, organizing implementation of such budgets, and managing the financial affairs and assets of the Industrial Park Authority;

　　(5) Working out the quota of salaried staff, the number of senior executives, the total amount of remuneration, the personal remuneration standards, the annuity standards, and the post setting plan;

　　(6) Working out the plans for recruitment of staff of the Industrial Park Authority, and engaging and appraising other personnel of the Industrial Park Authority;

　　(7) Working out pay distribution plans and performance appraisal plans of the Industrial Park Authority;

　　(8) Working out the important internal management policies of the Industrial Park Authority, formulating other internal management policies and codes of conduct for its employees, and organizing the implementation of such policies and codes;

　　(9) Working out the annual work reports and special work reports of the Industrial Park Authority;

　　(10)      Organizing business activities and managing daily affairs; and

　　(11)      Organizing implementation of other items entrusted by Management Committees and the People’s Government of Nansha District, and organizing implementation of other items determined by the decision-making committee.

　　Article 21   The Industrial Park Authority shall have an advisory committee and engage domestic and overseas celebrities, experts, scholars and entrepreneurs as members of the advisory committee. The Industrial Park Authority shall seek opinions from the advisory committee on significant decisions and matters concerning the development and construction of the Industrial Park Authority.

　　Chapter IV   Financial Management

　　Article 22   The funds of the Industrial Park Authority shall come from both fiscal appropriation and market-based revenues.

　　Article 23   The Industrial Park Authority has an independent financial management power. And its annual financial budgets, if finalized by Management Committees, shall be included into the annual fiscal budgets of Nansha District, Guangzhou, and shall be implemented by the Industrial Park Authority after being deliberated and approved by the People’s Congress of Nansha District.

　　The Industrial Park Authority may, within the limits of its statutory authority, seek revenues from land utilization and market-based operation of public service products.

　　Article 24   The finance authority of Guangzhou Nansha Economic and Technological Development Zone shall timely appropriate funds in full to the Industrial Park Authority according to the approved annual fiscal budgets, and shall carry out performance evaluation on the Industrial Park Authority’s projects using fiscal funds.

　　Article 25   The Industrial Park Authority shall strictly comply with national, provincial and municipal relevant regulations on financial management, formulate the measures for management of use of fiscal funds, and define the range of and standards for the use of fiscal funds.

　　For the funds other than fiscal funds, the Industrial Park Authority shall formulate appropriate measures for the use thereof by reference to the measures for management of use of fiscal funds.

　　Chapter V  Human Resources and Remuneration Management

　　Article 26   The Industrial Park Authority shall implement a personnel mechanism giving priority to market-oriented means and with the coexistence of multiple means of employment. Officers from organs and public institutions may communicate with or take office in the Industrial Park Authority according to relevant regulations, and in the event that any of them receives personal remunerations from the Industrial Park Authority, he/she shall no longer retain his/her status in the quota of and his/her position with the organ or public institution. The method of communication and office-taking and the transition shall be otherwise prescribed by Management Committees.

　　The Industrial Park Authority has the autonomy in employment and shall work out recruitment plans within the quota of salaried staff, number of senior executives, and scope of post-setting approved by Management Committees, and select and employ staff in public at home and abroad.

　　Article 27   The Industrial Park Authority shall work out an employment system, a pay distribution system and a performance appraisal system with scientificity, reasonableness, streamlining, high efficiency, openness, equality and competitive selection.

　　Article 28   The Industrial Park Authority shall sign labor contracts with the staff engaged by it according to law to determine the labor relationship.

　　The salaried staff in the Industrial Park Authority shall participate in endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance according to relevant regulations, shall be subject to the annuity management system, and shall pay contribution to the housing provident fund according to law.

　　Article 29   The quota of salaried staff, number of senior executives, total amount of remuneration and personal remuneration standards of the Industrial Park Authority shall be determined by Management Committees taking into comprehensive consideration the following factors:

　　(1) Tasks undertaken by the Industrial Park Authority during the current period;

　　(2) Market pay level;

　　(3) Staffing and pay distribution status of similar functional areas in China; and

　　(4) Other factors with significant impact on staffing and pay distribution.

　　The Industrial Park Authority shall determine staff remunerations based on their performances of duties and the market pay level and according to the provisions of the preceding paragraph.

　　Article 30   Guided by work goals and results, the Industrial Park Authority shall establish a performance appraisal mechanism and a compensation and incentive mechanism in accordance with the principle of combining reward and punishment, and within the range of the total remuneration amount and personal remuneration standards.

　　Article 31   The Industrial Park Authority shall strengthen staff training and management to improve their professional competence and comprehensive quality.

　　Chapter VI Supervisory Mechanism, Accountability and Exemption From Liability

　　Article 32   The Management Committees and relevant sectors of the People’s Government of Nansha District shall carry out supervision over the Industrial Park Authority ex officio in terms of performance, human resource management, pay distribution, post-setting, budget execution, financial revenues and expenditures, economic liabilities, etc.

　　Article 33   The Industrial Park Authority shall establish a streamlined and self-disciplined internal supervisory mechanism and a risk prevention and control, audit, and integrity oversight system.

　　Article 34   The Industrial Park Authority shall disclose relevant government information to the public according to law.

　　Article 35   Where the Industrial Park Authority fails to perform or properly perform its duties, the persons that take leadership responsibility or are directly responsible shall be held accountable according to relevant regulations; in the case of a suspected crime, the case shall be referred to the competent judicial authority for handling according to law.

　　Where any staff member of the Industrial Park Authority fails to perform or properly perform his/her duties, he/she shall be held responsible according to relevant regulations and contractual terms; in the case of a suspected crime, the case shall be referred to the competent judicial authority for handling according to law.

　　Article 36   Where the Industrial Park Authority cannot achieve the expected results in its reform and innovation done in the way as instructed by the State, with the decision making procedures conforming to the provisions of relevant laws, regulations and rules, and the Industrial Park Authority acts with due diligence and without seeking personal gains, committing malicious collusion to damage public interests or giving negative comments about any entity or individual, it shall be exempted from relevant responsibilities.

　　This provision shall apply unless otherwise specified in relevant laws and regulations.

　　Chapter VII       Supplementary Provisions

　　Article 37   These Rules shall become effective as of the date of promulgation.